HomeMy WebLinkAbout09-7639THE BANK OF LANDISBURG,
Plaintiff
V.
LEE E. OESTERLING and
PAULA P. OESTERLING, also known as
PAULA OESTERLING, his wife,
Defendants
NOTICE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIANIA
NO. Oq -7(ZJ &k ITerK
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a
written appearance personally or by attorney and filing in writing with the Court your defenses or objections to
the claims set forth against you. You are warned that if you fail to do so the case may proceed without you
and a judgment may be entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se
presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias
despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado
una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las
demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se
describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada
en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en
contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO
TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE
INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA
OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS
LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
THE BANK OF LANDISBURG,
Plaintiff
V.
LEE E. OESTERLING and
PAULA P. OESTERLING, also known as
PAULA OESTERLING, his wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIANIA
NO. o 9- 439 Cw4 -T._
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
COMPLAINT
1. The Plaintiff, The Bank of Landisburg, hereinafter sometimes referred to as "Mortgagee," is a
Pennsylvania corporation with a principal place of business at 100 North Carlisle Street, Landisburg, Perry
County, Pennsylvania.
2. The Defendants, Lee E. Oesterling and Paula P. Oesterling, also known as Paula Oesterling,
his wife (hereinafter sometimes referred to as "Mortgagors"), are adult individuals residing at 659 William Way,
Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania.
3. At all times material to Plaintiff's cause of action the Mortgagors, Lee E. Oesterling and Paula
P. Oesterling, also known as Paula Oesterling, have been the owners of a tract of land and the buildings
thereon (hereinafter called "Land"), known and numbered as 659 William Way, Mechanicsburg, Upper Allen
Township, Cumberland County, Pennsylvania.
4. The land is described in Exhibit "A", attached hereto and made a part hereof by reference.
5. On August 30, 2006, in consideration of the loan of Four Hundred Forty Thousand
($440,000.00) Dollars made by the Mortgagee to the Mortgagors, the said Mortgagors executed and delivered
to the Mortgagee, a Note secured by a Mortgage on the land obligating the Mortgagors to pay the Mortgagee
the principal sum on demand with interest thereon at the rate of 6.5% per annum, on the unpaid balance in
equal monthly installments of Two Thousand Seven Hundred Eighty-Two Dollars and 38/100 ($2,782.38)
each, together with other terms and conditions set forth in the said Mortgage. The Mortgage is recorded in the
Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1965, Page 2898. A
true and correct copy of the Mortgage is attached hereto as Exhibit "B" and made a part hereof by reference.
6. The Defendant Mortgagors are in default on the Mortgage in that they failed to make the
monthly payments as required from and after September 5, 2008, and that they have failed to pay the taxes
and failed to keep the property insured from fire or other casualty.
7. The Defendants, Lee E. Oesterling and Paula P. Oesterling, also known as Paula Oesterling,
his wife, are the present real owners of the land.
8. The amount due the Plaintiff under the Mortgage is computed as follows:
Principal balance $432,670.08
Interest through 9/21/2009
at 6.5% 29,448.59
Late fees 2,778.72
10% Attorney's collection fee 46,489.73
TOTAL $511,387.12
9. The Plaintiff has complied with the provisions of Section 403 of Act No. 6, 41 P.S. 403.
10. The Plaintiff has complied with the provisions of Section 403-C of the Act of December 23,
1983, P.L. 385, No. 91, 35 P.S. Section 1680.403(c).
11. The Defendants have failed to meet the time limitations specified by Section 403-C of the Act of
December 23, 1983, P. L. 385, No. 91 and 35 P. S. 1680(c).
12. The Defendants are not members of the Armed Forces of the United States and are not
entitled to any benefits of the Soldiers and Sailors Relief Act as amended.
WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of Five Hundred
Eleven Thousand Three Hundred Eighty-Seven Dollars and 12/100 ($511,387.12), together with interest
thereon at the rate of 6.5% per annum from September 21, 2009 and the cost of this suit.
JOHNSON, DUFFIE, STEWART & WEIDNER
BY: 41ew
Richard W. Stewart
Attorney I.D. #18039
Johnson, Duffie, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
717-761-4540
Attorneys for Plaintiff
:381048
Exhibit A
EXHIBIT "A"
ALL THAT CERTAIN lot or piece of ground situate in Upper Allen Township, Cumberland County,
Pennsylvania described according to a Final Subdivision Plan of Trindle Station prepared by Alpha
Consulting Engineering, Inc. dated May 3, 2004, last revised on August 30, 2004 and recorded in Plan Book
90, Page 29A in the Recorder's Office in Cumberland County, Pennsylvania, as follows:
BEGINNING at a point on the northern right-of-way of William Way, said point being the common
corner of Lot 4 and Lot 5; thence North 67 degrees 27 minutes 10 seconds West, a distance of 99.35 feet;
thence along right-of-way of William Way along a curve to the right with a radius of 25.00 feet an arc length
of 30.77 feet and a chord bearing North 32 degrees 11 minutes 19 seconds West, a distance of 28.87 feet;
thence along the same with a curve to the left having a radius of 50.00 feet with an arc length of 95.92 feet
with a chord bearing of North 51 degrees 52 minutes 59 seconds West a chord of 81.87 feet; thence along
Lot 6 North 16 degrees 50 minutes 31 seconds West, a distance of 1.07 feet; thence along lands now or
formerly of Mechanicsburg Area School District North 73 degrees 09 minutes 29 seconds East, a distance
of 182.06 feet; thence along Lot 38 South 67 degrees 27 minutes 10 seconds East, a distance of 61.77 feet;
thence along Lot 4 South 22 degrees 32 minutes 50 seconds West, a distance of 155.00 feet to the point of
BEGINNING.
CONTAINING 19,718 square feet.
BEING know as Lot No. 5 on said Plan.
BEING the same premises which Trindle Station, LLC (Record Owner), E.G. Stoltzfus Homes, LLC
(Equitable Owner) by Deed dated August 28, 2006 and recorded September 11, 2006 in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 276, Page 2930 granted and
conveyed unto Lee E. Oesterling and Paula Oesterling, husband and wife.
Exhibit B
COMMONWEALTH OF PENNSYLVANIA I
}SS:
COUNTY OF PERRY )
On this 30th day of August A. D. 2006 , before me, a Notary Public in and for said County and
Commonwealth, personally appeared Lee E. OetS to ling, d/k/a Lee Oesterling and Paula P.
Oesterling, a/k/a Paula Oeser ing, his wife
known to me (or saisfactorily proven) to be the person S whose names are subscribed to the within instrument, and acknowledged
that they executed the same for the purpose therein contained.
IN W17NESS WHEREOF, I have hereunto set my hand and Notarial Seal the day and year aforesaid.
4
Notary Public
My Commission Expires:
I hereby certify that the precise address of the Mortgagee herein is
BON-" Pe) &nx U
ro to
--44
ro x •?
\ \ 3
? ro
\ N
z
" C7
?
Wz?,
?0
Cz"a W H N
a4azHa
W H N a
CaWE-4 ?4 C40[W-4 p
1 0 E • W F O
ca N 0
d O W 011
9
2 w w C) C)
?wwNP
ease
COMMONWEALTH OF PENNSYLVANIA
COUNTY
4
N
3ro
0 •H
H >~
ro
aD
? tv -l
o .•-l ?,
O r-4 N
14 O
Q) a
a
P4
4J
rl 0
0
OU
41 m
M •rl r-I
4j P
U)
U1 N
0 101
? ?
4 ,•-I U
? n
ci 5
1
j SS:
ONW TH OF PENNSYLVANIA
Nofaial Swl
Cob- B LM Mtwy Pubic
Halr"m Tv4x. Cumbatlww County
tiV Catrrtt Wm E1pilas Apr- 8, pppg
Lkmber, Pennsylvania Assode lon Of Notarles
Pennsylvania.
- n Poo 1 C?
?? Attorney for Mortgagee
's
0
D
?
,•-i 8
s
's,
0
o
4J
4J
O a'
C) tj
yp
Ar
a
s
w
0
a" a r O B
I Certi fy this to be r ct)rti"c'
Cumberl, rand County PA
Recorder of Deeds
RECORDED in the Office for Recording of Deeds, Mortgages, etc., in and for the County of
in Mortgage Book , Vol. , page
WITNESS MY BAND and Seal of Office this _------- ___day of ---
Anno Domino
0 a 00
O N O
t°, 0 m a
o d=
3Y?f
0
5p?,o
J m
.y
BK 19 6 5 PG 2 P-9 ;`'
I_
ROBERT P. ZIEGLER
:?EOGRDER OF DEED:
,711PFR,LAND COUNT`'- 1"
2006 SEP 11 flM 11 53
(T4ia ZlInbruturr,
Made this 30th day of August in the year of our Toro,
Two Thousand Six (2006).
BETWEEN
LEE E. OESTERLING, also known as LEE OESTERLING and PAULA P.
OESTERLING, also known as PAULA OESTERLING, his wife, of Upper
Allen Township, Cumberland County, Pennsylvania
(hereinafter called the Mortgagor, party of the first part,
AND
THE BANK OF LANDISBURG, a State banking association existing under the laws of the Commonwealth of Pennsylvania, having its
principal place of business in the Borough of Landisburg, Perry County, Pennsylvania. (Mortgagee, party of the second part)
WHEREAS, the said Mort agor, executed and delivered to the Mortgagee a Note in the principal sum of FOUR HUNDRED
FORTY THOUSAN) ------------------------------------------ (1440,000.00) DOLLARS,
with interest at the rate set forth in said Note payable at the times and in the manner set forth in the said Note
at the office of said Mortgagee (or such other place as designated in writing by the holder hereof), and also for the payment from time
to time until said debt and interest be fully paid, of the necessary premiums and charges on such policy or policies of fire, storm,
explosion insurance, war damage insurance, or on any and all other insurance which the Mortgagee, its successor and assigns, may
demand from time to time against any other hazards, casualties and contingencies, for the further security of the debt hereby secured,
upon the buildings and improvements described herein, or any which may hereafter be erected on the premises described herein; said
policies of insurance of whatsoever kind to be deposited with the Mortgagee, its successors or assigns, and transferred by properly
registered and approved assignments with non-contributory mortgagee clause attached, and any renewals of the same to be furnished
to said Mortgagee at least seven (7) days before the expiration of the same. In the event of loss or damage, the proceeds of said in-
surance shall be paid to Mortgagee alone. Mortgagee is authorized to adjust and compromise such loss without the consent of Mortgagor, to
collect, receive and receipt for such proceeds in the name of Mortgagee and Mortgagor, and to endorse Mortgagors name upon any
check in payment thereof. Such proceeds shall be applied toward reimbursement of all costs and expenses of Mortgagee in collecting
said proceeds, and toward the payment of all amounts payable by Mortgagor to Mortgagee hereunder, and toward the payment of the indebted.
ness secured hereby or any portion thereof, whether or not then due or payable, or Mortgagee at its option, may apply said insurance proceeds
or any part thereof to the repair or rebuilding of said premises. In the event of sale of the premises on foreclosure, the ownership of all policies
of insurance shall pass to the purchaser at said sale and Mortgagor hereby appoints Mortgagee its attorney-in-fact, in Mortgagor's name to assign
and transfer all such policies to such purchaser. And also, for the payment, from Mime to time, until said debt and interest be fully paid, of all
taxes, wares and sewer rents and all other charges and.claims.assessed or levied at any time, present or future, by any lawful authority, upon the
property hereby granted, to secure said obligation, which by any present or future law or laws shall have priority in lien or payment to the debt
represented by said obligation and secured by this Mortgage, when and as the same shall become due and payable, and also for the exhibition to
said Mortgagee, its successors or assigns, of receipts for all taxes, water and sewer rents assesed upon or chargeable to the mortgaged property, at
the office of said Mortgagee, or at such other place as may be designated by the Mortgagee in writing, within twenty (20) days after such taxes or
water or sewer rents have been payable at face without the imposition of interest or penalties, as well as receipts for all other taxes or charges
or claims of every kind or nature which by any present or future law or laws may be or become a lien upon the mortgaged property prior in
lien to said Mortgage, or which may be or become, by any present or future law or laws, first distributable or allowable or payable before
said debt, out of the proceeds of any judicial sale for collection of said debt, or so distributable or allowable or payable out of the proceeds
of any other judicial sale, and in case of default of payments as aforesaid, also for the payment of all costs, fees and expenses of collecting
the same, including an attorney's commission of ten per centum (10%) and providing further that upon failure of the Mortgagor. Mortgagors
heirs or assigns, to maintain said insurance upon the buildings, or to pay the taxes, water rents and sewer rents or other charges, claims or lien
as aforesaid, the Mortgagee, its successors and assigns, may insure the buildings, or pay such taxes, water rents and sewer tents or other
charges, claims or liens, and the sums so advanced by the Mortgagee, its successors and assigns, shall be payable by the Mortgagor. Mortgagor's
heirs and assigns to the Mortgagee, its succesors and assigns, and shall be added to and become a part of the principal debt secured hereby
and shall bear interest thereon at the rate set forth in said note until paid.
The Mortgagor herein agrees that in the event of the passage, after the date of this Mortgage, of any law of the Commonwealth of
Pennsylvania, deducting from the value of the land for taxation purposes, any lien thereon, or changing in any way the laws now in force
for the taxation of mortgages or debt secured thereby, for state or local purposes, or the manner of the collection of any such axes, so
as to affect the interest of the Mortgagee, then the whole of said principal debt secured by this Mortgage, together with the interest due
thereon, shall at the option of the Mortgagee herein, immediately become due and payable.
The Mortgagor herein further agrees that if any installment of interest be not paid when due, such installment shall bear interest
at the rate set forth in said note until paid; in the event that any payment provided for in the Note secured hereby shall become overdue
for a period in excess of fifteen (15) days, Mortgagor agrees to pay a 'late charge" of five cents (5$) for each dollar so overdue, for the
purpose of defraying expenses incident to handling the delinquent payment. And further, Mortgagor agrees not to convey or otherwise
transfer title to the mortgaged premises (either legal or equitable) without prior written consent by the Mortgagee to the specific transfer.
A transfer to the survivor or devisees or heirs of the Mortgagor in the event of the Mortgagors death shall not come within the prohibition
of this covenant.
NOW THIS INDENTURE WITNESSEIH: That the said Mortgagor, as well for and in consideration of the aforesaid debt and
for the better securing the payment of the same, and interest as aforesaid unto the said Mortgagee, its successors or assigns, and the pay
meet of all premiums of insurance, taxes, water rents and sewer rents, municipal assessments or charges, as aforesaid, according to the
conditions of said obligation, and in discharge thereof, as for and in consideration of the further sum of One ($1.00) Dollar unto
Mortgagor in hand well and truly paid by the said Mortgagee, at and before the sealing and delivery of these presents, the receipt
whereof, is hereby acknowledged, Mortgagor has granted, bargained, sold and conveyed, and by these presents does grant, bargain,
sell and convey unto the said Mortgagee, its successors and assigns:
BK 1965PG2898
ALL those two certain tracts of land situate in Upper Allen Township, Cumberland
County, Pennsylvania, bounded and described as follows:
J
a.
W
Paz
t,D
-o
N
lD
tD
TRACT #J
BEGINNING at a point on the northern right-of-way of William Way, said point being
the common corner of Lot 4 and Lot 5; thence North 67 degrees 27 minutes 10 seconds West, a
distance of 99.35 feet, thence along right-of-way of William Way along a curve to the right with a
radius of 25.00 feet an arc length of 30.77 feet and a chord bearing,North 32 degrees 11 minutes
19 seconds West, a distance of 28.87 feet; thence along the same with a curve to the left having a
radius of 50.00 feet with an arc length of 95.92 feet with a chord' bearing of North 51 degrees 52
minutes 59 seconds West a chord of 81.87 feet; thence along Lot 6 North 16 degrees 50 minutes
31 seconds West, a distance of 1.07 feet; thence along lands now or formerly of Mechanicsburg
Area School District North 73 degrees 09 minutes 29 seconds East, a distance of 182.06 feet,
thence along Lot 38 South 67 degrees 21, minutes 10 seconds East, a distance of 61.77 feet;
thence along Lot 4 South 22 degrees 32 minutes 50 seconds East, a distance of 155.00 feet to the
mint of BEGINNING, containing 19,718 square feet, being known as Lot No. 5 on said plan
according to Final Subdivision Plan of Trindle Station prepared by Alpha Consulting
Engineering, Inc. dated may 3, 2004, last revised on August 30, 2004 and recorded in Plan Book
90, Page 29A in the Recorder's Office in Cumberland County, Pennsylvania,
BEING the same property conveyed to Mortgagors by deed of Trindle Station, LLC and
E. G. Stoltzfus Homes, LLC, dated August, 2006 and recorded immediately prior hereto.
TRACT #2
BEGINNING at a point on the North side of Sinclair Road, T-568, at the dividing line
between Lots 6 and 7, on the hereinafter mentioned plan of lots; thence along the dividing lines
between Lots 6 and 7, North 17 degrees 02 minutes West, a distance of 144.29 feet to a point;
thence along the South side of Loring Lane, North 72 degrees 58 minutes East, a distance of
90.00 feet to a point; thence along the dividing lines between lots 6 and 5, South 17 degrees 02
minutes East, a distance of 143.79 feet to a point; thence along the North side of Sinclair Road, T-
568, South 72 degrees 38 minutes 45 seconds West, a distance of 90.00 feet to a point, the place
of BEGINNING, being Lot #6 on the Final Subdivision Plan for Peachtree Village, as recorded in
the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Subdivision Plan Book
54, Page 103.
BEING the same property conveyed to Mortgagors by deed of Antonio Andreoli and
Giovannina Andreoli, his wife, dated September 1, 2004 and recorded in Cumberland County
Deed Book at Page
TOGETHER with the streets, alleys, passages, ways, waters, water courses, rights, liberties, privileges, hereditaments and appurtenances
whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof, and
TOGETHER'Wiih all buildings and improvements of every kind and description now or hereafter erected or placed thereon, including
all boilers, heating and lighting apparatus, also all screens, awnings, ranges or stoves, and mechanical refrigeration, and all, each and every
of the interior improvements and fixtures, movable or immovable, of every kind and description in and upon said premises, or which may
hereafter be placed in or upon the same, or used in connection therewith; it being understood and agreed between the parties hereto that
the words "land- and/or "premises" wherever they occur in these presents, shall be deemed to include all the fixtures and personal property
above mentioned and conveyed.
TO HAVE AND TO HOLD the said described lot of land, hereditaments and premises hereby granted and conveyed, with the appur-
tenances, unto the said Mortgagee, its successors and assigns, to the only proper use and behoof of the said Mortgagee, its successors and
assigns, FOREVER.
PROVIDED, HOWEVER, that in case of default at any time, in payment of said principal debt or sum, or of interest or charges or
premiums of insurance, or of any part thereof, when due and payable respectively, by the terms and conditions of said obligation for the
space of twenty (20) days as aforesaid, or in the performance of any of the covenants as to fire insurance, taxes or water and sewer rents
or charges or claims as aforesaid, the whole of said principal debt or sum and interest then unpaid, shall thereupon become due and payable
and an action of mortgage foreclosure may be commenced forthwith on this Mortgage and prosecuted to judgment, execution and sale for
the collection of the whole amount of the said principal debt and/or interest thereon remaining unpaid, together with all premiums of
insurance, taxes and water and sewer rents paid, fees, costs and expenses of such proceedings, together with an attorney's commission of
ten per centum (10% ). -All errors in said proceedings, together with stay of, or exemption, or extension of time of payment, which may
be given by any Act or Acts of Assembly, now in force, or which may be enacted hereafter, are- hereby forever waived and released.
In the event of the taking of all or any portion of the premises in any proceedings under the power of eminent &main, the entire
,ard rendered in such proceedings shall be paid to Mortgagee, to be applied toward reimbursement of all costs and expenses of Mortgagee
'onnection with said proceedings, and toward the payment of all amounts payable by Mortgagor to Mortgagee hereunder, and toward
?yment of the indebtedness secured hereby--- • any portion thereof, whether or not then payable, or Mortgagee at its option,
ily said award, or any part thereof") n epair or rebuilding of said premises.
AND PROVIDED further that it is thereby and hereby expressly agreed that in the event of any breach by Mortgagor of any covenant,
condition, or agreement of said recited obligation, or of this Mortgage, it shall be lawful for the Mortgagee to enter upon all and singular the
lands, buildings and premises herein particularly described and by this Indenture mortgaged, together with the hereditaments and appurtenances,
and each and every part thereof, and to take possession of the same and of the fixtures, appliances and equipment therein contained, and to have,
hold, manage, lease to the Mortgagor or any other person or persons, use and operate the same in such parcels and on such terms and for
such periods of time as Mortgagee may deem proper in the sole discretion of Mortgagee, the Mortgagor agreeing that Mortgagor shall and
will, whenever requested by Mortgagee so to do, assign, transfer and deliver unto Mortgagee, any lease or sublease; and to collect and receive
all rents, issues and profits of the said mortgaged premises and every part therof for which this Indenture shall be a sufficient warrant
whether or not such lease or sublease has been assigned to Mortgagee, and to make from time to time, all alterations, renovations, repairs
and replacements thereto as may seem judicious to Mortgagee, and after deducting the cost of any or all such alterations, renovations, repairs
and replacements and expenses incident to taking and retaining possession of the mortgaged property and the management and operation
thereof, and keeping the same property insured, to apply the residue of such rents, issues and profits, if any, arising as aforesaid, to the
payment of all taxes, charges, claims, assessments, water and sewer rents and any other liens that may be prior in lien or payment to the
principal debt secured by this Indenture and premiums for said insurance, with interest thereon, or to the interest and principal due and
secured by this Indenture of Mortgage, with all costs and attorney's fees, in such order or priority, as Mortgagee, in the sole discretion of
Mortgagee, may determine, any statute, law, custom or use to the contrary, notwithstanding; it being expressly agreed, however, that the
raking of possession by Mortgagee under this provision shall not relieve any default which may have been made by Mortgagor, or prevent the
enforcement of any of the remedies by this Indenture, or by said recited obligation, provided in case of such default, and it is further
expressly understood and agreed that the remedies by this Indenture and said recited obligation provided for the enforcement of the payment
of the principal sum hereby secured, with any additions thereto as above provided, together with interest thereon, as hereinbefore specified
and for the performance of the covenants, conditions and agreements, matters and things herein contained, or by this Indenture referred to,
are cumulative and concurrent and may be pursued singly or successively or together at the sole discretion of the Mortgagee, and may be
exercised as often as occasion therefor shall occur.
AND for the purpose of securing said possession of said mortgaged premises to Mortgagee, in the event of any breach as aforesaid,
Mortgagor does hereby authorize and empower any attorney of any Court of Common Pleas in any County of the Commonwealth of Penn-
sylvania, or of any other court there or elsewhere, as attorney for Mortgagor, as well as for all persons claiming under, by, or through
Mortgagor, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the premises mortgaged
by this Indenture, together with the hereditaments and appurtenances as well as all fixtures, appliances and equipment of any nature whatso.
ever, now or hereafter installed upon or in said mortgaged property (without any stay of execution or appeal), against said Mortgagor, as
well as all persons claiming under, by, or through Mortgagor and therein confess judgment for the recovery by the Mortgagee of the possession
of the said mortgaged premises together with the hereditamens and appurtenances, as well as all fixtures, appliances and equipment of any
nature whatsover now or hereafter installed upon or in said mortgaged property, for which this Indenture (or copy thereof verified by affi-
davit) shall be a sufficient warrant; whereupon if the Mortgagee to desires, a Writ of Possession may be issued forthwith, without any prior
writ or proceeding whatsoever, Mortgagor hereby releasing and agreeing to release the Mortgagee from all errors and defects whatsoever in
entering such action and/or judgment and in causing such writ or writs to be issued, and in any proceeding thereon or concerning the same,
and hereby agreeing that no writ of error or objection shall be made or taken thereto, provided that the Mortgagee shall have filed in such
action an affidavit by it, or some one on behalf of Mortgagee, setting forth the facts necessary to authorize the entry of such judgment,
according to the terms of this Indenture, of which fans such affidavit shall be conclusive evidence.
PROVIDED ALWAYS, NEVERTHELESS, that if the said Mortgagor, Mortgagors heirs and assigns, shall and do well and truly pay or cause
to be paid unto the said Mortgagee, its successors and assigns, the aforesaid debt together with interest as aforesaid, as set forth in the condition
of this obligation, and does further satisfy and discharge the same, and the premiums of insurance aforesaid, and further will, during each
and every year of the continuance of this Mortgage, comply with all conditions and requirements for or in respect to all taxes, water and
sewer rents, charges or claims as aforesaid, all of which the said Mortgagor, for Mortgagors heirs and assigns, hereby expressly covenants,
agrees to do and perform, then and from thenceforth, as well this present Indenture, and the estate hereby granted, as the said recited obliga-
tion, shall become void of no effect, anything bereinbefore curtained to the contrary notwithstanding.
AND PROVIDED FURTHER, and it is hereby and thereby expressly covenanted and agreed that in the event there is more than one
party named herein as a Mortgagor, the singular word "Mortgagor", wherever occuring herein, shall be deemed and taken to zheao the plural.
AND PROVIDED FURTHER, that all genet, covenants, waivers, options, stipulations, promises, undertakings, agreements, and rights and
benefits given to, and obligations or liabilities imposed upon, each and all of said parties hereto shall Inure to and bind them jointly and
severally and is, his, her and their, and each of their respective, heirs executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the said Mortgagor has hereunto set hand and seal the day and year first above written.
Witness:
AS TO ALL
BKI965PG2900
VERIFICATION
I, ROGER L. BLUMENSCHEIN, Sales Manager of The Bank of Landisburg, the Plaintiff named in the
foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiffs behalf and have knowledge of
the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge,
information and belief. I understand that false statements made herein are subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification authorities.
ROGE L. BLUMENSCHEIN
0
iL
2G09 f,GV PM 12: 39
$'18.50 PA A 1rt,f
31'151
?,-? a3303a
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
R Thomas Kline ~' i `~~'
Sheriff " ' '
$,~ti~~ty ~{' i:umbrp~~~t
Ronny R Anderson ~` ~ n F ~ ~~ ~ n 1 ~ ~ ~-
Chief Deputy L~::. ~ :; ; ~ F:, -~', ~ „ u
Jody S Smith ~ `.~ -_
Civil Process Sergeant ~~` ~'~ _` ~'` ~ -"~~'~' r ~: ;! , .
Edward L Schorpp
Solicitor
The Bank of Landisburg
Case Number
vs.
Lee E. Oesterling 2009-7639
SHERIFF'S RETURN OF SERVICE
11/09/2009 07:30 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November
9, 2009 at 1930 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Lee E. Oesterling, by making known unto himself personally, at 659 William Way
Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to
him personally the said true and correct copy of the same.
11/09/2009 07:30 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November
9, 2009 at 1930 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Paula P. Oesterling, by making known unto Lee E. Oesterling, husband of defendant at
659 William Way Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same
time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $53.44
November 10, 2009
SO ANSWERS,
i~i~l~ ~`-a~~+~~Ir
R THOMAS KLINE, SHERIFF
~'
Deputy Sheri
(e; Coun;yg~,ii!e Shensi'. Ceincs ,ft. Inc.
Johnson, Duffie, Stewart & Weidner
By: Richard W. Stewart
I.D. No. 18039
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717)761-4540
THE BANK OF LANDISBURG,
Plaintiff
v.
LEE E. OESTERLING and
PAULA P. OESTERLING, also known as
PAULA OESTERLING, his wife,
Defendants
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
Attorneys for Plaintiff FILED-UFO
(~F Tt-'c PRO ~':
1~. ~ Jt,~d 15 F~ 2:QU
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009-7639
CNIL ACTION -LAW
RICHARD W. STEWART, being duly sworn according to law, deposes and says that he served the attached
Notice of Sheriffs Sale and Divestiture of Liens upon all judgment creditors, mortgagees, and other persons who have any
interest of record in or lien of record upon the property scheduled to be sold at Sheriffs Sale in the above matter on June 2,
2010, by mailing a copy of the attached Notice by United States Mail, First Class, Postage Prepaid, addressed as follows:
Upper Allen Township
100 Gettysburg Pike
Mechanicsburg, PA 17055
Yellow Book Sales & Distribution Company
107 North Commerce Way
Bethlehem, PA 18017
Joseph Andreoli
4537 Progress Avenue
Harrisburg, PA 17110
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
Midland Funding, LLC
8875 Aero Drive
San Diego, CA 92123
Cumberland County Domestic Relations
P. O. Box 320
Carlisle, PA 17013
Attached hereto are original receipts for mailing addressed to the individuals and entities set forth above.
RICHARD W. STEWART
SWORN to and subscribed
.~'I CQMMONlNEgL~H OF PENNS'1~LVgNIq
bef me this f~ day of ---.
Notarial Seal
Margaret E. Ruff, Notary public
2~ 1 ~. Lemoyne Boro, Cumberland Ccunty
/1/ My Commiss(on Expires May 30, 2011
~. ~ , /~~- Mernber, Pennsylvania Assnc?at;on of Notaries
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or piece of ground situate in Upper Allen Township, Cumberland County,
Pennsylvania described according to a Final Subdivision Plan of Trindle Station prepared by Alpha
Consulting Engineering, Inc. dated May 3, 2004, last revised on August 30, 2004 and recorded in Plan Book
90, Page 29A in the Recorder's Office in Cumberland County, Pennsylvania, as follows:
BEGINNING at a point on the northern right-of-way of William Way, said point being the common
corner of Lot 4 and Lot 5; thence North 67 degrees 27 minutes 10 seconds West, a distance of 99.35 feet;
thence along right-of-way of William Way along a curve to the right with a radius of 25.00 feet an arc length
of 30.77 feet and a chord bearing North 32 degrees 11 minutes 19 seconds West, a distance of 28.87 feet;
thence along the same with a curve to the left having a radius of 50.00 feet with an arc length of 95.92 feet
with a chord bearing of North 51 degrees 52 minutes 59 seconds West a chord of 81.87 feet; thence along
Lot 6 North 16 degrees 50 minutes 31 seconds West, a distance of 1.07 feet; thence along lands now or
formerly of Mechanicsburg Area School District North 73 degrees 09 minutes 29 seconds East, a distance of
182.06 feet; thence along Lot 38 South 67 degrees 27 minutes 10 seconds West, a distance of 61.77 feet;
thence along Lot 4 South 22 degrees 32 minutes 50 seconds West, a distance of 155.00 feet to the point of
BEGINNING.
CONTAINING 19,718 square feet.
BEING know as Lot No. 5 on said Plan.
HAVING erected thereon a dwelling house known and numbered as 659 William Way.
BEING the same premises which Trindle Station, LLC (Record Owner), E.G. Stoltzfus Homes, LLC
(Equitable Owner) by Deed dated August 28, 2006 and recorded September 11, 2006 in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 276, Page 2930 granted and
conveyed unto Lee E. Oesterling and Paula Oesterling, husband and wife.
SEIZED, taken in execution and to be sold as the property of Lee E. Oesterling and Paula Oesterling,
judgment debtors and real owners.
:387127
Johnson, Duffie, Stewart & Weidner
By: Richard W. Stewart
I.D. No. 18039
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
THE BANK OF LANDISBURG,
Plaintiff
v.
LEE E. OESTERLING and
PAULA P. OESTERLING, also known as
PAULA OESTERLING, his wife
Defendants
NOTICE OF SHERIFF'S SALE AND
DIVESTITURE OF LIENS
NO. 2009-7639
CNIL ACTION -LAW
TO: Upper Allen Township, 100 Gettysburg Pike, Mechanicsburg, PA 17055
Yellow Book Sales & Distribution Company, 107 North Commerce Way, Bethlehem, PA 18017
Joseph Andreoli, 4537 Progress Avenue, Harrisburg, PA 17110
Midland Funding, LLC, 8875 Aero Drive, San Diego, CA 92123
Cumberland County Tax Claim Bureau, One Courthouse Square, Carlisle, PA 17013
Cumberland County Domestic Relations, P. O. Box 320, Carlisle, PA 17013
You are hereby notified that the lien of judgment or lien of mortgage that you may have against real estate owned
by the above-named Defendants against the land owned by the Defendants in the Township of Upper Allen, Cumberland
County, Pennsylvania, and more fully described in the Exhibit "A" attached hereto, will be divested by a Sheriffs Sale
scheduled to be held on June 2, 2010, at 10:00 a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania.
Unless you take action to stop the Sheriffs Sale, or unless you appear at the Sheriffs Sale and bid to protect your interest,
your lien against the land scheduled to be sold at Sheriffs Sale will be divested by the Sheriffs Sale.
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or
agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example,
to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days
after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless
someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of
distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania,
Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390.
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT .AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Central Pennsylvania Legal Services
213-A North Front Street
Harrisburg, PA 17101
(800)932-0356
JOHNSON, DUFFIE, STEWART & WEIDNER
BY: ~ ~~
~W. Stewart
Attorney I.D. No. 18039
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
Date: Ju G ~, , 2010
:387126
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or piece of ground situate in Upper Allen Township, Cumberland County,
Pennsylvania described according to a Final Subdivision Plan of Trindle Station prepared by Alpha
Consulting Engineering, Inc. dated May 3, 2004, last revised on August 30, 2004 and recorded in Plan Book
90, Page 29A in the Recorder's Office in Cumberland County, Pennsylvania, as follows:
BEGINNING at a point on the northern right-of-way of William Way, said point being the common
corner of Lot 4 and Lot 5; thence North 67 degrees 27 minutes 10 seconds West, a distance of 99.35 feet;
thence along right-of-way of William Way along a curve to the right with a radius of 25.00 feet an arc length
of 30.77 feet and a chord bearing North 32 degrees 11 minutes 19 seconds West, a distance of 28.87 feet;
thence along the same with a curve to the left having a radius of 50.00 feet with an arc length of 95.92 feet
with a chord bearing of North 51 degrees 52 minutes 59 seconds West a chord of 81.87 feet; thence along
Lot 6 North 16 degrees 50 minutes 31 seconds West, a distance of 1.07 feet; thence along lands now or
formerly of Mechanicsburg Area School District North 73 degrees 09 minutes 29 seconds East, a distance of
182.06 feet; thence along Lot 38 South 67 degrees 27 minutes 10 seconds West, a distance of 61.77 feet;
thence along Lot 4 South 22 degrees 32 minutes 50 seconds West, a distance of 155.00 feet to the point of
BEGINNING.
CONTAINING 19,718 square feet.
BEING know as Lot No. 5 on said Plan.
HAVING erected thereon a dwelling house known and numbered as 659 William Way.
BEING the same premises which Trindle Station, LLC (Record Owner), E.G. Stoltzfus Homes, LLC
(Equitable Owner) by Deed dated August 28, 2006 and recorded September 11, 2006 in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 276, Page 2930 granted and
conveyed unto Lee E. Oesterling and Paula Oesterling, husband and wife.
SEIZED, taken in execution and to be sold as the property of Lee E. Oesterling and Paula Oesterling,
judgment debtors and real owners.
,~PjES ~T
CERTIFIC ~
~ ra ~ ~ ~ , ~ ~®
--- __°~~
w,
~
~ 7 PITN[Y BOWES
02 ,A $ 01.15°
u
~
Tc
Ol a ~J~ MAIOLED FRO
3
j~UFF__ M ZIPCODE 1 704
One pisq of Ordinary mail addressed to:
~ Dop.~' ,(~ (~ P n ~ov.~nsl~ c~ ~~1~
1Q O Cz-et~La s bw~a ~ r rL.e
~Ylt char ~ cs burn , P~ 17 o ss
MAY BE USED FOR DOMESTIC D INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - PDSTMgsrEa
P$ FORM i} U.S.G.P.O.: 7988 -202-395/78114
MAY 1978 ~ 17
u.s.
CERTI FII
LAW U F F 1
jo~rsc
DUFF
r~
?pJ~
t
S~P~ ~'~
°~~~" "~
~ "'~ ~°'
'~Y
@@@PPITN~EY BOW,~ES=
0004634312 J,gN~g 20 0
MAILED FROM ZIP CODE 1 7043
Ona piep of ordinary mail addressed to
Yellow (~c>o K Sales ~ ~~IS}~-i bu~'i on ~ r~pa~
No w
l P~- I ~' o ~
MAY BE USED FOR DOMES IC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - PosTMgsTEr:
~ r~nm 3817 ~ U.S.G.P.O.: 7988 -202-395/78114
MAY 1978
r1.tUS ~ ~8~ -Id H
u.s. ~,~P~ES P~4G~'
CERTIFI!
W O F F! p a~
s
~ PITNEY Bowes
L A
H~
JO
~' I• ~ 01.15°
a '-` '
DUFF 000463431 2 JAN O6 201 0
MAILED FROM ZIPCODE 1 7043
Ona piece of ordinary mail addressed to
h r o 1.;~. '
Q
I-~rri s be .. ~~ n i i o
MAY BE USED FOR DOM T C AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - P05TMg5TER
ra FORae A U.S.G.P.O.: 1988 -202-395/78114
MAY 7978 X17
Ipws 8~r~a - r a ~
U.S. Pf
CERTI FIG
RegivW From:
L 4 W' U F F I l
jol~s~ _
DUFFIE
ySP~ P~~
~~
~ r e
PITNEY 60ytIE5
02 'q ~ 01.15°
0004634312 JANO6 2010
MAILED FROMZIPCODE 17043
LEMOY;vC, rn
17043-0109
One Dien of ordinary mail addressed to: 210
'~ (Gind I~u,nc~ Iln LLG
$~r15 Ae~ ~rl e `~
S'cr~~1 lean, C-~ Gl~ la3
MAY BE USED FO OMESTIC AND INTERNATIONAL MAIL, GOES NOT PROVIDE
FOR INSURANCE -POSTMASTER
PS FORM 3817 tr U.S.G.P.O.: t988 -202-395/78114
MAY 1978
(Z~.OS B~Pa -IaK
CERTIF a~P~P~~,~
/~~
PITNEY gp5NE5
Received From:
F.
' O ti ?
$ 01.15°
'
F
LAW
1~~` 02 1A
'~ 0004634312 JAN 06 201 0
043
DUFF MAILED FROM ZIP CODE 17
One piap of ordinary mail addressed to
r umber I ccn ~ Cu Tax CI ac rn ~u r
~ nom. fo c~r+h oc~.st SC~L.t a,,•e 2010
~'n rl~l s le t°A ~ ~'1 O 13
MAY BE USED FO' DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - Po5TMA5TER
I'S FORM 3817
MAY 1978
U.S. PC
CERTIFICp
Received From:
LAW' (l F P 1 l'
jox~sc
DUFFI~ ~,~„-~~~~
tr U.S.G.P.O.: t988 -202-395/78114
(~G~S 848d- -~'~
4~Pt6S P~gG'E'
Z' ~ * ~
7 PITNEY ROWES
oz 1A ~ 01.15°
0004634312 JAN 06 2010
MAILED FROM ZlPCODE 1 7043
r~ ~_
One Duce of ordinary mail addressed to: ~
~ u-~..- eylpn d Go .~1 o~,es~l~ ~ (fie la~;a,~ ~
0 ~rox ~a D
Car 1~~ s l~ , ~>'t f -t 013
MAY BE USED FOR OMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE -POSTMASTER
MAY~19R78 3t17 z4 u.S.G.P.O.nt9.8`8 _202-395 /78114
K~1S~~'82-IaN
il? ~I~~- .~..
Z~~Q ~'i~ ~~ ~t'~ Q~ ~U
C~ v1 ` ~
i 47 i L h; ;.H
SPACE ABOVE THIS LINE FOR FILING INFORMATION
Prepared by:
Diane G. Radcliff, Esquire
3448 Trindle Road, Camp Hill, PA 17011
Supreme Court tD # 32112
Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff C~comcast.net
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LORI L. RUSSO,
Plaintiff N0. 09-7639 CIVIL TERM
v. CIVIL ACTION -LAW
GIOVANNI RUSSO, DIVORCE
Defendant
PROOF OF PUBLICATION
Attached is the Cumberland County Law Journal Proof of Publication of the Notice of the Divorce
Master's Hearing on Plaintiff's claim for a divorce on the grounds of Indignities scheduled June 10,
2010, 9:00 a. m.
~--~
~Bt~L~ . RADCLIFF, ESQUIRE
(Attorney Registration No 32112)
Dated: 5 2v ! U
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
May 14, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
~i
isa Marie Coyne, E itor
SWORN TO AND SUBSCRIBED before me this
14 da oy f Ma~10
t~ ,
Notary
~..~..~
I~TARIAL 8EAk
OESORAM A COLLINB
AIII~LE OOgOU~. CUMSEIIIAND COIMTII
My Commission Expires Apr 28, 201
.....
1AJ~ JAtAA10N
Z111J.IaJ A HANQ8~t1
~IiM+q ~
VI'NtlOa t~4AJA9~M!!~ ,ii~UQ'F~ 3JEuAA~
CUMBERLAND LAW JOURNAL
NOTICE OF HEARING
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Action-Law
NO. 09-7369 CIVIL TERM
LORI L. RUSSO,
Plaintiff
v.
GIOVANNI RUSSO,
Defendant
DIVORCE
To the Defendant, Giovanni Russo:
Pursuant to an Order of Court
dated April 15, 2010, a hearing has
been scheduled before the Cum-
berland County Divorce Master, E.
Robert Elicker, II, Esquire in the
above captioned case on June 10,
2010 at 9:00 a.m. to be held at the
Divorce Master's Office, 9 N. Hanover
Street, Carlisle, PA 17013. The pur-
pose of that hearing is to take the
testimony on the claim for a divorce
under section 3301(a)(6) (Indignities)
filed by the Plaintiff, Lori L. Russo in
her divorce complaint in the above
captioned case on October 27, 2009.
You have a right to attend this hear-
ing, present testimony and exhibits
and cross-examine witnesses on that
issue. You also have a right to be
represented by counsel at this hear-
ing. IF YOU CANNOT AFFORD TO
HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A RE-
DUCED FEE OR NO FEE:
Cumberland County Bar
Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (717) 249-3166
DIANE G. RADCLIFF, ESQUIRE
Attorney for Lori L. Russo
(717) 737-0100
May 14
L~I~ i~iFi t~ 20 ~i'~ ~~~ ail
_, `i
~'~~`~~~i~iYl `,'';'~Fill~
SPACE ABOVE THIS LINE FOR FILING INFORMATION
Prepared by:
Diane G. Radcliff, Esquire
3448 Trindle Road, Camp Hill, PA 17011
Supreme Court ID # 32112
Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff C~comcast.net
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LORI L. RUSSO,
Plaintiff N0. 09-7639 CIVIL TERM
v. CIVIL ACTION -LAW
GIOVANNI RUSSO, DIVORCE
Defendant
PROOF OF PUBLICATION
Attached is the Sentinel Proof of Publication of the Notice of the Divorce Master's Hearing on
Plaintiff's claim for a divorce on the grounds of Indignities scheduled June 10, 2010, 9:00 a.m.
DI E G. DCLIFF, ESQUIRE
(Attorney Registration No 32112)
r--
Dated: ~ Lc~ l C~
f
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Iames Kleinklaus, Director of Sales and Marketing of The Sentinel, of the County and
State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper
of general circulation in the Borough of Carlisle, County and State aforesaid, was
established December 13~, 1881, since which date THE SENTINEL has been regularly
issued in said County, and that the printed notice or publication attached hereto is
exactly the same as was printed and published in the regular editions and issues of
THE SENTINEL on the following day(s):
7, 2010
COPY OF NOTICE OF PUBLICATION
NiElTICE ~ ~~
IN TI{~ COUR7 OF COMMON PLEASE OF
EItI~PJti?ALAND COUNTY;. PENIJSYI:VANIA
LORIK~RttS80;
Plaintiff fd0.09-7389 CIVIL TERM
v. CIVIL ACTION -LAW
G-OVANNI RA/SSO, DIVORCE
Defendant
To the Defendant, Giovanni Russo:
Pursuantto an Order ofCourtdated A ri115, 2010, a hearirt~ has been
scl~duled before the Cumberland County Divorce Master, E. Robert
Flicker, II, Esquire, in the above captioned case on Jur» t0, 20i0 at 9:00
a.m. to be held at the Divorce Master's Office, 9 North Hanover Street,
Carlisle, PA t 7013. The purpose of that hearing Is to take the testimony on
the claim for a dNores under section 3301(a~6~ (Igdignifi~aa) fNed 6y the
PGtintiff, Lori L. Russa`inherdivorce oomptaint in the above captioned case
on'October 27, 2009. Youfiave a right to attend this hearing, present
testimony and exhibits andcross examine witnesses on that issue. You also
have a right ~ t» rbpresented by counsel at this hearing. IF YOU CANNOT
AFFORD TO-HIRER LAIWYER, THI$ OFFICE MAC' BE ABLE TO
PROVIDE Y,DU tNl7H INFOFtMATiOAI ABOUTAGENCIES THAT MAY
OF`6~R Lt'_(SiAk S£pifiQ3ES TO ELIGIBLE PERSONS AT A REDUCED
fEE f!R NO'FEE: Cumberland Cdunty Bar Assoclatioh, 32 South Bedford
Street, Carfis~, PA 170t9,1'elepfmne No. (717) 249-3166.
Diane G. RadGiff, Esquire
Attorney for Lori L. Russo
(7171737-0100
Affiant further deposes that he/she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement as
to time, place and character of publication
are true.
Sworn to and subscribed before me this
~~~
ax-~, u^~Q~~G~Ut~ ~
Notary Public
My commission expires:
NOfi1RlA! SEAL
SANl61 ANA MECKENDORN
Notrtry- Public
CARl18lE BOROUGiH, CUMBERlANO CNN
My Commission Expires Jan 27, 201
tARC~:~!3-r.7~H N~lA 4alscdH
~.:pii~u~ ~it6ltr.
~' ~. r
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
The Bank of Landisburg
vs. Case' Number
Lee E. Oesterling (et al.) 2009-7639
SHERIFF'S RETURN OF SERVICE
04/09/2010 04:55 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 9,
2010 at 1655 hours, he posted' a'true copy of the within Real Estate Writ, Notice, Poster and Description,
in the above entitled action, upon the property of Lee E. Oesterling & Paula P. Oesterling, located at 659
William Way, Mechanicsburg, Cumberland County;, Pennsylvania according to law.
04/20/2010 08:58 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/20/10 at
2053 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Paula P. Oesterling, by making known unto,
Paula P. Oesterling, personally, at, 659 William Way, Mechanicsburg, Cumberland County, Pennsylvania
its contents and at the same time handing to her personally the said true and correct copy of the same
04/20/2010 08:58 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/20/10 at
2053 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Lee E. Oesterling, by making known unto, Lee E.
Oesterling, personally, at, 659 William Way, Mechanicsburg, Cumberland County, Pennsylvania its
contents and at the same time handing to him personally the said true and correct copy of the same
06/02/2010 Property sale postponed to 9/8/2010.
09/08/2010 As directed by Richard W. Stewart, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/6/2010
10/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice
had been given according to law, he exposed the within described premises at public venue or outcry at
the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 6, 2010 at 10:00 o'clock A. M. He
sold the same for the sum of $1.00 to Attorney Richard W. Stewart, on behalf of Bank of Landisburg, of,
100 North Carlisle Street, P.O. Box 179, Landisburg, PA 1704 , being the buyer in this execution, paid to
Sheriff Ronny R. Anderson, the sum of $
SHERIFF COST: $979.37 SO ANSWERS,
November 08, 2010 RONNY R ANDERSON, SHERIFF
v
= / /
'7
5 Ej
.J 3 b
THE BANK OF LANDISBURG,
Plaintiff
V.
LEE E. OESTERLING and
PAULA P. OESTERLING, also known as
PAULA OESTERLING, his wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2009-7639 Civil
CIVIL ACTION - LAW
AFFIDAVIT PURSUANT TO RULE 3129.1
The Bank of Landisburg, by its attorneys, Johnson, Duffie, Stewart & Weidner, sets forth as of the
date the Praecipe for the Writ of Execution was filed the following information concerning the real property
located in Upper Allen Township, Cumberland County, Pennsylvania.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address:
Lee E. Oesterling 659 William Way
Mechanicsburg, PA 17055
Paula P. Oesterling a/k/a 659 William Way
Paula Oesterling Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment
Name: Address:
Lee E. Oesterling 659 William Way
Mechanicsburg, PA 17055
Paula P. Oesterling a/k/a 659 William Way
Paula Oesterling Mechanicsburg, PA 17055
S i
A
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name: Address:
The Bank of Landisburg
Upper Allen Township
4
5.
Yellow Book Sales &
Distribution Company
Joseph Andreoli
Midland Funding, LLC
P.O. Box 179
Landisburg, PA 17040
100 Gettysburg Pike
Mechanicsburg, PA 17055
107 North Commerce Way
Bethlehem, PA 18017
4537 Progress Avenue
Harrisburg, PA 17110
8875 Aero Drive
San Diego, CA 92123
Name and address of the last recorded holder of every mortgage of record:
Name: Address:
The Bank of Landisburg P.O. Box 179
Landisburg, PA 17040
Name and address of every other person who has any record lien on the property:
Name: Address:
6. Name and address of every other person of whom the Plaintiff has knowledge who has any
record interest in the property and whose interest may be affected by the sale:
Name: Address:
7. Name and address of every other person of whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name: Address:
Cumberland County Tax Claim Bureau
Cumberland County Domestic Relations
One Courthouse Square
Carlisle, PA 17013
P. O, Box 320
Carlisle, PA 17013
U cr,
verify that the statements made in this Affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
JOHNSON, DUFFIE, STEWART & WEIDNER
BY:
Richard W. Stewart
Johnson, Duffie, Stewart & Weidner
301 Market Street
Lemoyne, Pennsylvania 17043
717-761-4540
Attorney ID No. 18039
Attorneys for Plaintiff
DATE:„ )2010
:387075
J
Johnson, Duffie,,Stewart & Weidner
By: Richard° W. Stewart
I.D. No. 18039
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
THE BANK OF LANDISBURG,
Plaintiff
V.
LEE E. OESTERLING and
PAULA P. OESTERLING, also known as
PAULA OESTERLING, his wife,
Defendants
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009-7639
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TO: Lee E. Oesterling, 659 William Way, Mechanicsburg, PA 17055
Paula Oesterling, 659 William Way, Mechanicsburg, PA 17055
Your real estate situate in Upper Allen Township, Cumberland County, Pennsylvania, known as
659 William Way, Mechanicsburg, Pennsylvania, as described in Exhibit "A" attached is scheduled to be
sold at Sheriffs Sale on June 2, 2010, at ten o'clock a.m. in the Cumberland County Courthouse, Carlisle,
Pennsylvania to enforce the Court Judgment of $511,387.12 obtained by The Bank of Landisburg against
you.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a
statement of the measured boundaries of the property, together with a brief mention of the buildings and
other major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by
reference.
THE LOCATION of your property to be sold is:
659 William Way Mechanicsburg Cumberland County Pennsylvania.
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
No. 2009-7639 in the Court of Common Pleas of Cumberland County, Pennsylvania
The name and address of the owner or reputed owner of this property is:
Lee E. Oesterling and Paula P. Oesterling, his wife
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate
entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed
by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be
filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in
accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it
within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained
from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland
County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to the Sheriff of Cumberland County, the amount of
the judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland
County at (717) 240-6390.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for
good cause.
3. You may also be able to stop the sale through other legal proceedings. You may need an
attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping
the sale.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU
HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390.
2. You may be able to petition the Court to set aside the sale if the price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened you may call the Sheriff of Cumberland County at (717) 240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You may be entitled to a share of the money which was paid for your property. A
schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days
of the sale date. This schedule will state who will be receiving that money. The money will be paid out in
accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the
date of the filing of the schedule of distribution.
6. You may also have other rights and defenses, or ways of getting your property back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CENTRAL PENNSYLVANIA LEGAL SERVICES
213-A North Front Street
Harrisburg, Pennsylvania 17101
(800) 932-0356
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
!
J,By:
Richard W. Stewart
Dated: ) < '7 Attorneys for Plaintiff
:387096
EXHIBI 1 "A"
ALL THAT CERTAIN lot or piece of ground situate in Upper Allen Township, Cumberland
County, Pennsylvania described according to a Final Subdivision Plan of Trindle Station prepared by
Alpha Consulting Engineering, Inc. dated May 3, 2004, last revised on August 30, 2004 and recorded
in Plan Book 90, Page 29A in the Recorder's Office in Cumberland County, Pennsylvania, as follows:
BEGINNING at a point: on the northern right-of-way of William Way, said point being the
common corner of Lot 4 and Lot 5; thence North 67 degrees 27 minutes 10 seconds West, a distance
of 99.35 feet; thence along right-of-way of William Way along a curve to the right with a radius of
25.00 feet an arc length of 30.77 feet and a chord bearing North 32 degrees 11 minutes 19 seconds
West, a distance of 28.87 feet; thence along the same with a curve to the left having a radius of 50.00
feet with an arc length of 95.92 feet with a chord bearing of North 51 degrees 52 minutes 59 seconds
West a chord of 81.87 feet; thence along Lot 6 North 16 degrees 50 minutes 31 seconds West, a
distance of 1.07 feet; thence along lands now or formerly of Mechanicsburg Area School' District North
73 degrees 09 iminutes 29 seconds East, a distance of 182:06 feet; thence along Lot 38 South 67
degrees 27 minutes 10 seconds West, a distance of 61.77 feet; thence along Lot 4 South 22 degrees
32 minutes 50 seconds West, a distance of 155.00 feet to the point of BEGINNING.
CONTAINING 19,718 square feet.
BEING know as Lot No. 5 on said Plan.
HAVING erected thereon a dwelling house known and numbered as 659 William Way.
BEING the same premises which Trindle Station, LLC (Record Owner), E.G. Stoltzfus Homes,
LLC (Equitable Owner) by Deed dated August 28, 2006 and recorded September 11, 2006 in the
Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 276, Page 2930
granted and conveyed unto Lee E. Oesterling and Paula Oesterling, husband and wife.
SEIZED, taken in execution and to be sold as the property of Lee E. Oesterling and Paula
Oesterling, judgment debtors and real owners.
:386937
WRIT OF EXECUTION and/or ATTACHMENT
a
COMMONWEALTH OF PENNSYLVANIA) NO 09-7639 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF LANDISBURG, Plaintiff (s)
From LEE E. OESTERLING and PAULA P. OESTERLING, a/k/a PAULA OESTERLING, his
wife
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL.
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $511,387.12 L.L. $.50
Interest from 9/21/09 -- To be determined
Atty's Comm % Due Prothy $2.00
Atty Paid $172,44 Other Costs
Plaintiff Paid
Date: 1/08/10
`Eravid D. Buell, Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: RICHARD W. STEWART, ESQUIRE
Address; JOHNSON, DUFFIE, STEWART & WEIDNER
301 MARKET STREET
LEMOYNE, PA 17043
Attorney for: PLAINTIFF
Telephone: 717-761-4540
Supreme Court ID No. 18039
On March 22, 20 10 the Sheriff levied upon the
defendant's interest in the real property situated in
Upper Allen Township, Cumberland County, PA,
Known and numbered as, 659 William Way, Mechanicsburg,
more fully described on Exhibit "A" filed with this writ and
by this reference incorporated herein.
Date: March 22, 2010
By:
Real Estate Coordinator
Z i jjrHL1,
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF ]PENNSYLVANIA
. ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was :established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said Coixnty, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 16, Aril 23, and April 30, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
isa Marie Coyne, ditor
SWORN TO AND SUBSCRIBED before me this
30 day y of April, 2010
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28.2014
Writ V o, 2009-7639 Civil
The Bank of Landisburg
VS.
Lee E. Oesterling
Paula P. Oesterling
Atty: Richard W. Ste,Frart
ALL THAT CERTAIN lot or piece
of ground situate in Lipner Allen '
Township, Cumberland County,
Pennsylvania descrilbed according to
a Final Subdivision Plan of Trindle
Station prepared b_y Alpha. Consult-
ing Engineering, Inc. dated May 3,
2004, last revised on. August 30,
2004 and recorded in Pia kook 90,
Page 29A in d-e Recorder's Office in
Cumberland County, Pennsylvania,
as folinvvs:
BEGINNING at a point on the
northern right-of-way of William
Way, said point being the common
corner of Lot 4 and Lot S; "thence
North E 7 degrees 27 minutes 10 sec-
n. _c ?^7 s V a-,G 'take of 49 35 fc ot.
thence along right-of'wav cf William
Way along a curve to -e right with
a radius of 25.00 feet an arc length
of 30.77 feet and a chord bearing
North 32 degrees 1.1 n..mutes 19 see-
onds West, a distanc,° of 25.87 feet;
hence along the sic with a cur.-e
to the left having a radius of 50.00
feet lk ith on arc length of 95.92 feet
with a chord bearing of North 51 de-
grees 52 minutes .59 seconds t est a
chord of 81.8"7 feet; thence along Lot
6 North 16 degrees 50 minutes 31
seconds West, a distance of 1.07 feet;
=hence along ]:odds no?,v or frrrieriv of
Mechanicsburg Area School District
North 73 degrees 09 rninures 29 sec-
oncis East, a distance of feet;
hence alon_f, Iai. 38 South 67 degrees
27 minutes _i) seconds East, a dis-
tance 61.71, feet; ,_._, glom{ Lot
4 South 22 degrees 32 minutes 5q
seconds West, a distance of 155.00
feet to the point of BEGINNING.
lua.
feet.
BEING 1=r_ow as Let No. 5 on said
Plan.
BELQG the same premises which
Trindle Stati(,n, LTC IRecord Omer),
E.G. Stoltzfus Homes, LLC (Equitable
Gwner? by Deed dated August 28,
2005 and recorded Septcm.ber 11,
2006 in the Office o= tine Recorder
of Deed, of Cu- Berland County,
Penns) lvania in Deed 9oolz276, Page
T)'0 -ranted and con,reycd unto Lee
E. Jesterlir_U rti Paine Oesterling,
husband ar_ wife.
The Patriot-News Co.
2020 Technology Pkwy
'Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-2!55-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
14c ?Jatr of News
Now you know
THE PATRIOT NEWS
'THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is
interested in the subject.matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
This ad ran on the date(s) shown below:
04/16/10
Y? . . . . . . ... . . . . . . . ....b . . .
Sworn to Luhscribed before meXhis ?Iay of May, 2010 A. C.
C®MMONyyE&TH OF PENNSYLVANIA
E Sherrie L K ! N04wy PWIC
Lower Paxton
TwA., aaec
PrNn Coon
My C
E?emtJer oMWOn Ex0res Nov. 26, 2011
Penn vanla Association of Notaries
04/23110
04/30/10
Writ No. 2009-7539 Civil Term
The Bank of Landisburg
Vs.
Lee E. Oesteriing
Paula P. Oesterling
Atty: Richard W. Stewart
ALL THAT CERTAIN for or piece of ground
sinune in Upper Allen Township, Cumberland
i <?unty. Pennsyhania described according to
a Final Subdivision Plan of Trindle Station
prepared by Alpha Consulting Engineinng, 5)c-
,dated May 3. 2004, Iasi revised on August 30,
20x14 and recorded in Plan Bak 90, Page 29,k
in the Recorder's Office. in Cumberland County,
nennsvlva ria, as follows:
?BEGMNLI?G at a point on the northem fight-of-
w,ey of William Way, said point being the common
`'Corner of Lot Band Lot 5: thence North 67 degrees
?27minutes 10 seconds West, a distance of 99.35
lest; thence along right-of-way of William Way
along a curve to the right,vith a radius of 25.00
feet an arc length of 30.77 feet and a chord
bearing North 32 degrees l l minutes 19 seconds
'West, a distance of 207 feet; thence along the
'11 with a curve to the left havine a radius of
t l feet with an arc length of 95.92 feet with a
'-:1?,?lbratvtscTNorthjldegrees52;ninutes59
?? - -ods Wesl a chord of 51.87 feel: thence alor,,-
?SNorth 16 degrees 50 nvnutes 3t seconda
1?,eat, a distance of 1.07 feet: thence along lands
now or tomterly of Mechanicsbure Area School
Dis0ict Ngoh 73 degrees 09 ntinutes 29 second`
East, a distance of 182.06 feet: thence along Lot
',S South 67 degrees 27 minutes. 10 su onds }Mast,
a distance of 61.77 feet, thence along Lot4 South
22? dm cs 32 minutes 50 seconds West, a distance
of 155.00 feet to the point of BEGINNING
CONTAINING 19,71h cquare feet.
BEING know as Lot No. 5 on said Plan
BHNG the :amt prenvse; which Tntidie Station.
LLC (Record Owner), E.G. Stoltzfus Homes,
LL(' (Equitable Owner) by Deed dated August
28, 2006 and recorded September 11. 2006 in the
m, e of the Recorder of Deeds of Cumberland
wit.v, Pennsylvania in Deed Book 276, Paige
?,rantedandconveyed unto Leeh Ocsteding
c i Paula Oesterling. husband and wife.
COMMONWEALTH OF PENNSYLVANIA
COUNT.' OF CUMBERLAND
I SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Bank: of Landisburg is the grantee the same having been sold to said grantee
on the 6th day of October A.D., '_2010, under and by virtue of a writ Execution issued on the 8th day of
Januar , A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number
7639, of the suit of Bank of Landisbur against Lee E & Paula P aka Paula Oesterling is duly recorded
as Instrument Number 201032592.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this Cj day of
r, CV A.D. 6 b
E
Recorder of ComkedandCow*, Rec der of Deeds COW% PA
kiy commission Expires the Fist Monday of Jan. 2D14